Commonwealth Fraud

The Commonwealth Criminal Code deals with various matters in relation to Fraud/Deception of the Commonwealth (Government) monies/properties for example;

  • Section.134.1(1) Criminal Code 1995 (Cth) makes it a criminal offence to dishonestly obtain Commonwealth property; and
  • Section 234.2(1) Criminal Code 1995 (Cth) makes it a criminal offence to obtain financial advantage by deception; and
  • Section.135.4(3) Criminal Code 1995 (Cth) makes it a criminal offence to dishonestly cause a loss to the Commonwealth.

Some examples of Commonwealth Fraud/Deception are:

  • Obtaining money from Centrelink dishonestly (by not telling them your true living/family circumstances and/or employment income); or
  • Accessing and obtaining a Commonwealth Grant when you know you do not qualify for it and have been dishonest in your application for one.

 

Maximum/Possible Penalties

Fraud/Deception of the Commonwealth can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or up to 10 years (If heard in the District Court).

Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.

In NSW, a court can impose any of the following penalties for a Tax Fraud charge.

  • Full time Imprisonment
  • Intensive Corrections Order (ICO)
  • Community Correction Order (CCO)
  • Conditional release Order (CRO) (ie: bond)

 

THE FACTS THAT MUST BE PROVEN

Since Fraud/Deception is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove:

  • That you have obtained that advantage/money by "deception"/dishonesty; and
  • That the person from whom the financial advantage has been obtained is a Commonwealth Entity/Agency.

 

CHOICES AT LAW OPTIONS

For Fraud/Deception of the Commonwealth, Rep-Revive Criminal & Employment Lawyers® offers the following options:

1.     We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.

2.     At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.

3.     Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.

4.     Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

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